Ohio Living Trust Template

A living trust created in Ohio allows the grantor to transfer assets into a trust during their lifetime, naming a trustee to manage those assets and a successor trustee to distribute them to beneficiaries after death, all without going through Ohio's probate process. Under Ohio Trust Code, Ohio Revised Code Chapter 5801-5812, Ohio governs the creation, administration, and termination of revocable living trusts. Ohio is a equitable distribution state, a distinction that directly affects how marital assets are titled in the trust. In Ohio, an estate can be released from administration under R.C. 2113.03 if it is worth $35,000 or less, or $100,000 or less when the surviving spouse takes the whole estate, making a living trust particularly valuable for estates that exceed this limit. Regarding taxation, Ohio has no state estate tax (repealed 2013).

Without a living trust, Ohio estates may face a lengthy and expensive probate process. In Ohio, probate costs typically include the executor's or administrator's commission fixed by R.C. 2113.35 (4% of the first $100,000, 3% of the next $300,000, 2% above $400,000, plus 1% on real property not sold and on certain non-probate property), with attorney fees charged separately. No trust registration required in Ohio. Every asset must be formally re-titled in the trust's name, an unfunded living trust provides no probate avoidance. A complete estate plan pairs a living trust with a pour-over will and a power of attorney for lifetime incapacity protection.